Legal Opinion

Kronen v. Deutsche Bank Nat'l Trust Co.

District Court of Appeal of Florida

Decided April 3, 2019No. 4D18-1137Published

1Opinion of the CourtWarner, J.

In entering final judgment of foreclosure, the trial court found that the appellee *448had proved standing, relying on the presumption created in Ortiz v. PNC Bank, National Ass'n , 188 So.3d 923, 925 (Fla. 4th DCA 2016). We affirm, as we agree that the presumption applies and write to distinguish this case from Friedle v. Bank of New York Mellon , 226 So.3d 976 (Fla. 4th DCA 2017).

Under Ortiz , if the lender "files with the court the original note in the same condition as the copy attached to the complaint, then ... such evidence is sufficient to" show that the lender actually possessed the note…

2Cases cited3 opinions

  1. Ricardo Ortiz, Nuria Almeida and Frank Padron v. PNC Bank, National AssociationDistrict Court of Appeal of Florida · 2016
  2. Bolous v. U.S. Bank National Ass'nDistrict Court of Appeal of Florida · 2016
  3. JUSTIN FRIEDLE and SANDRA FRIEDLE v. THE BANK OF NEW YORK MELLON, etc.District Court of Appeal of Florida · 2017

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API